HB 1391 - AS INTRODUCED
2000 SESSION
HOUSE BILL 1391
AN ACT relative to personal appearance by law enforcement officers at administrative license suspension hearings.
COMMITTEE: Criminal Justice and Public Safety
This bill allows law enforcement officials involved in the bringing of administrative license suspension charges to submit an affidavit in lieu of appearing in person to give testimony at such hearings.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2281
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to personal appearance by law enforcement officers at administrative license suspension hearings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administrative Review and Hearings; Submission of Affidavit in Lieu of Personal Appearance by Law Enforcement Official. Amend RSA 265:91-b, I(c) to read as follows:
(c) If the request is for a hearing, [the request shall also indicate whether or not the person desires to have the law enforcement officer present.] the hearing shall be held within 20 days after the filing of the request unless the person requests a continuance. A request for a continuance by the person shall not stay the order of suspension or revocation. The hearing shall be recorded, and be conducted by the department's designated agent. The hearing may be conducted upon a review of the law enforcement officer's report [if there is no request to have the officer present. If there is a request that the law enforcement officer be present at the hearing and the officer fails to appear without good cause shown, the case shall be dismissed and the order rescinded] or sworn affidavit. If the person requesting the hearing fails to appear without good cause shown, the right to a hearing shall be waived and the order sustained.
2 Effective Date. This act shall take effect January 1, 2001.